bethrothal Flashcards
selection of wife
maliha - wealth
hasabiha - lineage
jamaliha - beauty
diniha - religion
viewing woman for purpose of marriage
hanafi - face, hands, feet ; sufficient to knows her behaviour n soul
hanbali ; face n hand
woman cannot be proposed
engaged woman
woman in iddah
married woman
mahram
engagement not finalisef yet
hanafi/ maliki - haram other man propose
syafie/ hanbali - allowed other to propose
prohibitin during betrothal period
no coupling
cannot behave like h&w
exchanging gifts during B
customary can followed as long as nit contra to Islam
“what is good among muslim communities, good in the eys of allah”
effect of breach to dowry
woman has to return the dowry
what happen to gifts exchange during breach of B
HANAFI - gift still intact, giver can ask for return
MALIKI - man breach : man cannot ask for retun
woman breach : man can ask for return
still exist or not not important
SYAFIE - should be return still exist or not
Aisha v Jamaludin
man broke the promise
woman claim marriage expenses and right to keep ring
claim allowed
Hussin v Moh
been agreed mas kawin 500
father spent 350 for preparation
during- 300 money 200 jewellery
claim for damages
allowed
Haji Abdul Latif
kenduri costing 15 k n diamond ring was given
held, pay for costing
Salbiah Haji Ahmad
man breach the engage
woman claim for embarrassment and expenses for wedding
h: embarrassment- no jurisdiction
expenses : allowed
since was given advance money- deduct
Mohammad Azla v Mokhtar Hashim
breach reason-perempuan dituduh non virgin- tapi cannot prove
ayah kata kalau breach bayar 2 kali ganda- success proven
h: bayar 2 kali ganda